LAW 20 July 1999 83



LAW CONCERNING THE ADOPTION OF MINORS FOREIGNERS

We the Captains Regent of the Most Serene Republic of San Marino
We promulgate and publish the following law passed by the Council Great and General
its meeting on 20 July 1999.
Art.
1 (Purpose)

1. In implementation of the provisions from the International conventional
on child protection, the aim of the adoption of children is to ensure children deprived of a proper family environment
, and therefore are in a stat moral and material abandonment, the
chance to be inserted and to grow in any case in a family like the legitimate children of the adoptive
.
2. The adoption must take place only after the competent judicial authorities acquired
certainty to act in the interest of the child making appropriate inquiries in respect of the aspirants
parents.
Art. 2
(Eligibility Declaration adoption)
1. Taking into account Article 72 of the Law 26 April 1986 n. 49, the presentation of
adoption application, preliminary start of the suitability assessment process
adoption, must be submitted to the Judicial Authority competent, accompanied by the following documents
:
certificate of citizenship;
Residence certificate;
Criminal record certificate;
Certificate of pending;
Certificate relating to civil capacity;
Documentation to prove income and assets of the family;
Medical certificate of good health;
Family status;
Marriage certificate for couples.
The certificate referred to in subparagraph g) must be issued by the Health of the Republic of San Marino
. The documentation must not have earlier date to three months. The documentation referred to in this paragraph
can be changed by decr to reggenziale.
2. The eligibility for adoption is granted by the Judicial jurisdiction upon verification
of possession by the adopters, the requirements established by Law 49 of 26 April 1986 and after
acquisition of a Minor Service Report, containing the assessment of educational
adopters effected by means of the appropriate indagi, as well as any other relevant information acquired
. 3
. The application for international adoption decade after wo years after submission, unless the adoptive
start of the process is evidenced by the production of appropriate certificates from
associations or by the bodies that treat the performance of the adoption practices or by
competent foreign authorities. The question, once fallen, it can be renewed.
4. The measure by which it declared the eligibility for adoption should indicate all
conditions of Article 62 of Law 26 April 1986 n. 49, and the number of minors who are granted to foreigners
.
5. The qualifying statement must precede the issuance of Authority foreign
measure for the child and the child in the same entrance of San Marino Republic.
6. Against the measure which denies the declaration of eligibility it may be submitted to Judge
of Civil Appeal, within a period of thirty days specified by Article 1 of Law 17 May 1984
49.
Art. 3
(Search of the foreign child to be adopted)
1. So the search for the foreign child to be adopted fully respects the interests
of the child, it is expected that the Congress of State, after consultation with the references of the Secretary of State for
Justice and the State Secretary for Foreign Affairs , defines, with its resolution, what are the
authorized organizations for the performance of practices related to the adoption.
2. Those who intend to take should contact the authorized organizations under the preceding paragraph
.
Art. 4
(foreign minor input for adoption)
1. In order to ensure legal expatriation of foreign minor, the entry of the same for the purpose of
adoption is allowed only to persons in possession of the suitability adoption and where the
judicial and administrative authorities of the state they have issued a
adoption order, or other order of custody preadottiv
due to protection or other forms of protection of minors from which emerges, in a clear and
incontrovertible, the authorization of expatriation minor. Foreign
measure must be accompanied by a consular declaration attestan its compliance with the laws of the foreign country
. Apply in this regard the vig standards nti on consular assistance
citizens of San Marino.

2. If the legislation of the country of origin of the child requires the consent of the child
adoption, the foreign order must be accompanied altr yes or contain within it
endorsement by the competent authorities of the State of the child who rigin himself has lent
his consent to the adoption, in this case the consent was given freely and in writing in
forms legally established and that has not been ottenuo by payment or the consideration of
any kind.
Art. 5
(Effectiveness in the State of foreign measures)
1. The order issued by the foreign can not be declared effective with
effects of the adoption if it is not proven that there was a period of pre-adoptive custody
at least one year.
2. If the measure does not provide the pre-adoptive custody, or at least this is not
been made, it is declared effective as a measure of pre-adoptive custody under
Articles 73 and following of the Law 26 April 1986 n. 49 when the competent judicial authority finds
:
a) which was issued previously, the declaration of eligibility of the adoptive
under Article 2 of this Act;
B) that the foreign decision is in conformity with the legislation that issued it;
C) that the foreign decision is not contrary to fundamental principles of the
San Marino. 3
. Upon expiry of the year of pre-adoptive custody successfully the Judicial Authority competent
pronounce the decree of adoption.
4. With the provision of temporary custody, the Civil Status Office is authorized to
enroll the child in family status of foster parents, on request of the guardian, as a resident
, for the same duration reliance and up the issuance of the final order
adoption.
5. An appeal against the decision of the competent judicial authorities may be challenged by the
guardian of foster parents and the Treasury Attorney within thirty days of notification of the measure
to the Judge of Civil Appeal,.
6. The issuing of certificates containing an indication of fatherhood and motherhood, during the period of custody and
however, throughout the period Prev nte adoption can take place by
Officer of the Civil State, only if specifically requested by the competent judicial authorities.
7. If there is no birth certificate the competent judicial authorities shall instruct
Officer of Civil Status form it.
Art. 6
(status Declaration of adoptability of the child)
1. Within the period of fifteen days from the child in the Republic of San Marino adopters
must appeal to the competent judicial authorities because, ascertained the existence of
affidavit of eligibility, authorization expatriation of the child or of minors and acquired every
other useful information to ascertain the actual existence of a real interest of the child or minor
adoption, issues the measures provided for in Article 5 of this law by placing the
'pre-adoptive custody of the child or children to applicants under articles 73 and
following the Law 26 April 1986 n. 49.
2. In the event that the verification of the requirements gives a negative result, even before the expiry of the term
first paragraph of Article 7 of this Act, the Judicial Authority competent
, through diplomatic channels, n will disclosure to the State of belonging
providing, if required, the return of the child. If it does not come any request, the competent Judicial Authority
will have the pre-adoptive custody to other subjects pursuant to
domestic legislation on adoption of Law 26 April 1986 n.
49. In the event that the pre-adoptive custody to other adopters, in application of the legislation on adoption
internal, can not take place immediately, the child or the children will be
temporarily entrusted to the Minor Service of ' Institute for Social Security. 3
. Against the decision mentioned in the first paragraph of the preceding subparagraph shall be allowed
appeal to the Judge of Civil Appeal, on the part of the adoptive parents or the guardian and the Prosecutor of the
Fisco.
4. In the event that, even though there are the suitability of the adoptive parents the adoption merely for reasons formal
different from the conflict with domestic public, the foreign
measure may not be declared effective for the adoption, l ' the competent judicial authorities will nonetheless
launch an internal procedure for adoption in favor of the same, examined the status of
abandonment of the child, as long as the state does not require repatriation.

5. The measure referred to in Article 5, first paragraph, of this Act must be
contained the appointment of a guardian who is the legal representative of the child.
6. The competent judicial authority may appoint, s necessary, a temporary guardian and
take appropriate measures in the child.
7. By specific Regency Decree it will set up a list, to be updated annually,
authorized persons to assume the office of guardian. The list will be created and held by
Minor service subject to the requirements laid down in reggenziale above Decree. It falls within the competence of the supervisory
Minor Service on persons entered in the list.
Art.
7 (Adoption of the child)
1. After the one-year period provided for in Article 73 of the Law 26 April 1986 n. 49
the competent judicial authorities, informed by the Minor Service on the successful reliance
pre-adoptive, pronounce the adoption order.
2. If one spouse dies or becomes unable during pre-adoptive custody, adoption,
in the interest of the child, it may equally be authorized at the request of either spouse against
, with effect for deceased spouse, the date of death. 3
. If during pre-adoptive reliance intervenes separation between the fostering spouses,
adoption may be ordered against a single or both, in the exclusive interest of the child
, where the spouse or spouses so request .
4. In case the pre-adoptive custody thou not successful, the judicial authorities responsible
revoke the pre-adoptive custody and will pronounce the state of adoptability of the child,
by placing the pre-adoptive custody to others by applying the provisions contained in law of 26 April 1986
n. 49, as long as the state does not require the return of the child.
In the event that the pre-adoptive custody to other entities in the application of the legislation on adoption
internal, can not take place immediately, the child or the children will be
temporarily entrusted to the Institute for Minors Service Social Security.
5. An appeal against the measure in the first sentence of the fourth paragraph of this article
are open to appeal to the Judge of Civil Appeal, by the foster parents, the guardian and the
Attorney of the Treasury.
Art. 8
(Amendment of Article 63 of the Law 26 April 1986 n. 49)
1. Article 63 of the Law 26 April 1986 n. 49 is amended as follows:
"Art. 63
(Requirements for adoptive)
The adoption is permitted for minors, who are not older than 14 years of age at the time of the delivery of
'reliance preadottiv or true at the time when the adoption order
stranger declared available for adoption by the Commissioner of
or, if foreign law, the competent foreign authorities.
in the case of international adoption, in 'cases in which the law of the country of origin of the child
required consent from the natural parents to the adoption, adoption is permitted provided that it results from
measure stranger who said permission has been given freely and in writing ,
after the birth of the child, by aturali parents or by one of the same
if the other is deceased or unknown, that consent as above provided has not been revoked and that
has been obtained by payment or concession of any kind. ".


Art. 9
(Calculation of age limits)
1. If the adopters are married couple age limits provided for in Article 62 of the Law
26 April 1986 n. 49 are calculated on the younger spouse.
2. The age limits provided for in Articles 62 point c) and 63 of the Law 26 April 1986 n. 49
may be waived in the case of adoption of siblings provided that at least one of them are respected
. 3
. These provisions also apply to the adoption int RNA.
Art.
10 (Establishment of the Juvenile Court)
1. In implementation of Article 2 of the Law on judicial organization, Law 28 October 1992 n
. 83, as amended, under the Civil and Criminal Court commissioner has
established section of the Juvenile Court.
2. The Juvenile Court is composed of the Law Commissioner which Juvenile Judge.
The Juvenile Court action can be appealed before the Judge of Appeal, Civil
. 3
. One year after entry into force of this law it will be enacted special legislation for
skills and the Juvenile Court procedures.
4. For the competent authority of this Act, it means the Juvenile Court. Art.11

1. All acts, from request recognition until the adoption, are exempt from stamp duty and
Log
.

Art.12 (Transitional provisions)
1. The rules of this Act shall not apply to adoption proceedings already under way to
time of entry into force of this Act.
2. The second paragraph of Article 3 of this Law applies only to proceedings
adoption started after the enactment of the resolution of the Congress of State referred to in that
Article 3 of this law to be issued within three months from into force of this Act 3
. The seventh paragraph of Article 6 applies only to cases of adoption
governed by this Law provided that at the time of filing the application for the issue
of the measure referred to in Article 5 has already been set up the list of guardians.
If the list of guardians has not yet been to institution, the Judicial Authority chooses the guardian between
entities that provide adequate safeguards to properly fulfilling the responsibility.
4. For the application of these transitional rules for procedures already initiated is intended
:
a) those in which the practices for foreign order by
proven by means of certificates issued by associations or bodies that have already been undertaken the carrying out of foster care
practices or by the competent foreign authorities;
B) those for which has already been issued a foreign adoption order;
C) those for which it is preparing an exequatur procedure.

Art. 13
(Integrations and referrals)
1. All matters not provided for in this Law shall be governed by the Law 26 April 1986 n.
49 and subsequent amendments and additions.

Art.14 (Entry into force)
1. This Law shall enter into force on the fifteenth day following that of its legal publication
.



Our Residence, 22 July 1999/168 dFR



THE CAPTAINS REGENT
Antonello Bacciocchi - Pink crocuses




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